10-07-1980 A regular meeting of the Council of the City of Hopkins, Minnesota, was held
on Tuesday, October 7, 1980, at 7 : 30 p.m. , in the Council Chambers in the
IICity Hall.
Present were Mayor Pro Tem Milbert, Councilmembers Slaton and Arimond, also
City Manager Craig, City Clerk Richardson, City Engineer Strojan, Asst.
Engineer Anderson, Operations Director Beecher, Building Inspector Kohnen and
City Attorney Vesely. Absent: Mayor Miller and Councilman Lohmann.
Reel 164 Mrs. Arimond moved, and Dr. Slaton seconded the motion, that the
Side 1 items under the CONSENT CALENDAR, be approved:
103-
1. Minutes of the September 16, 1980, Council meeting, as amended.
2 . Additional 1980, misc. license applications: #212, 215, 216 and
217, as shown on attached list.
A poll of the vote was as follows : Dr. Slaton, yea; Mrs. Arimond, yea;
and Mayor Milbert, yea. Motion carried unanimously.
* * * * * * * * *
NOTE: At this time in the meeting (7 :40 p.m. , ) Councilman Lohmann took his
seat at the Council table.
• Action: Mrs. Arimond moved, and Dr. Slaton seconded the motion, that the
-133 expenditures dated October 7 , 1980, Warrant No. 602, in the amount of
$162, 116. 55, be approved and authorized for payment. A poll of the
vote was as follows: Mr. Lohmann, yea; Dr . Slaton, yea; Mrs. Arimond,
yea; and Mayor Milbert, yea. Motion carried unanimously.
BID: Pursuant to notice bids were opened on September 22, 1980, at 11: 00 a.m. ,
for Hopkins Residential Garbage/Rubbish Collection and Disposal, and the
following bids were received: (see tabulation attached)
Action: Dr. Slaton moved, and Mrs. Arimond seconded the motion, that Council
133-165 accept the tabulation of bids and that this item be continued to the
October 21, 1980, Council meeting. A poll of the vote was as follows:
Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor
Milbert, yea. Motion carried unanimously.
Appearance: A scheduled appearance was requested by CPT re: parking. No one
165- appeared.
ASSESSMENT HEARING, cont. , from 9-16-80, Council meeting.
0 Item: 80-132-R. Hearing on installation of watermain and hydrants on 15th Ave.
So. , and 16th Ave. So. from 5th St. to 6th St. So. , (Item #6)
and installation of sanitary sewer on 15th Ave. So. from 5th
St. So. to 6th St. So. , and 6th St. So. from 15th Ave. So. to
16th Ave. So. (Item #7) .
City Attorney Vesely at this time asked Council permission to question Mr.
Richardson,the City' s City Clerk and Assessor. Permission granted.
Mr. Vesely: Mr. Richardson, you are the Assessor and also the appraiser of
properties in this area and have done it many times?
Mr. Richardson: Yes.
Mr. Vesely: You are familiar with Exhibit "A" in the packet today which per-
tains to the special assessment that is at stake here to be issued
in paragraphs 1 and 3 which pertains to the area which is depicted
by the map, are you aware of it?
0 Mr. Richardson: Yes I am.
Mr. Vesely: And are you aware of the fact that the project figured to be
assesed in one case is $77 , 351, 86, for a portion of it plus
$40, 421. 86, for another part of the improvement.
Mr. Richardson: Yes I am.
Minutes of the October 7, 1980, Council meeting, cont. Page 2.
Mr. Vesely: Do you have an opinion that the market value of the premises in-
volved in this assessment will be appreciated and inc€used at
110 least to the extent of the amount of the assessment/specially
assessed?
Mr. Richardson: Yes I do, it does increase the value of the property.
Mr. Dever, representing Spantek, asked if he could cross examine. Permission
granted.
Mr. Dever: It is true is it not Mr. Richardson that you are the City Clerk
and an officer of the City of Hopkins?
Mr. Richardson: Yes.
Mr. Dever. Would you say therefore that your opinion would be unbiased or un-
prejudiced in spite of this connection?
Mr. Richardson: I would say so.
Mr. Dever: I think we should have the opportunity to bring our own appraiser
in here as long as you have permitted this type of evidence to
go into this hearing and give an opinion in behalf of our client
• if this property has been benefitted in the amounts proposed to be
assessed and already previously been assessed.
Mr. Milbert: I believe there is a time when you can do that Mr. Dever and
doesn' t necessarily have to be tonight but later on. That is
your privilege to do that Mr. Dever, you represent a client and
you have the right to do anything the City does believe me as
a citizen and representing a citizen of the community. So check
with the staff and see when that would be acceptable.
After considerable more discussion the Mayor asked for a vote on this item:
Action: Mr. Lohman moved, and Mrs. Arimond seconded the motion, that
-379 Resolution No. 80-2883, "RESOLUTION ADOPTING SPECIAL ASSESSMENTS" ,
as outlined under Exhibit "A" paragraph 1 and 3, be adopted. A poll
of the vote was as follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mrs.
Arimond, yea; and Mayor Milbert, yea. Motion carried unanimously.
Item: 80-132-R. Hearing on extention of watermain on Blake Road No. , north of
379- Cambridge St. and the installation of hydrants on Excelsior
Ave. and Blake Rd. (National Tea, Poppin Fresh, Hiawatha Ave.
• across from White Castle) . Continued from 9-16-80.
Action: Mr. Lohmann moved, and Dr. Slaton seconded the motion, that Council
-473 approve the special assessment under Exhibit "A" , Item #2, and in-
clude it in Resolution 80-2883, but strike therefrom the legal des-
cription of Mr. Puck' s property re hydrant assessment. A poll of the
vote was as follows: Mrs.Arimond yea; Dr. Slaton, yea; Mr. Lohmann,
yea; and Mayor Milbert, yea. Motion carried unanimously.
Item: 89-92-0. Mr. Lohmann moved, and Mrs. Arimond seconded the motion, that
473-481 Ordinance No. 8-478 , "AN ORDINANCE AMENDING HOPKINS ZONING
ORDINANCE NO. 427, BY REZONING A PART OF LOTS 11 THROUGH 18,
BLOCK 23 , AND LOTS 1 THROUGH 12, BLOCK 33, WEST MINNEAPOLIS
CENTER AND TRACTS C AND D, REGISTERED LAND SURVEY NO. 1143,
FROM R-1-A TO I-2 USE" , be continued to the October 21, 1980,
Council meeting. A poll of the vote was as follows: Mr.
Lohmann, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor
Milbert, yea. Motion carried unanimously.
Item: 80-111-R. Dr. Slaton moved, and Mr. Lohmann seconded the motion, that the
11 481-501 recommendation from the Mayor' s Downtown Committee for approval
to hire a consultant to undertake a survey of the Central
Business District be continued to the November 4, 1980, Council
meeting, pending the outcome of the study by Zoning & Planning.
A poll of the vote was as follows: Mrs. Arimond, yea. Dr.
Slaton, yea; Mr. Lohmann, yea; and Mayor Milbert,yea. Motion
carried unanimously.
Minutes of the October 7, 1980, Council meeting, cont. Page 3.
Item: 80-148-R. Dr. Slaton moved, and Mr. Lohmann seconded the motion, that
501-512 Resolution No. 80-2880, "RESOLUTION APPROVING 1980 TAX LEVY
COLLECTIBLE IN 1981" , be adopted. A poll of the vote was
as follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mrs. Arimond,
yea; and Mayor Milbert, yea. Motion carried unanimously.
NOTE: At this time in the meeting Mayor Miller arrived (8 : 45 p.m. ) and took
his seat at the Council table.
Item: 80-149-E. Mr. Lohmann moved, and Mrs. Arimond seconded the motion, that
512-535 the list of Election Judges for the General Election,
November 4, 1980, be approved. (see list attached) . A poll
of the vote was as follows: Mr. Lohmann, yea; Mr. Milbert,
yea; Dr. Slaton,yea; Mrs. Arimond, yea; and Mayor Miller, yea.
Motion carried unanimously.
Item: 80-150-L. Dr. Slaton moved, and Mr. Lohmann seconded the motion, that
535-565 the request by the West Suburban Chamber of Commerce for a
gambling license, 7 days, starting October 8th, be approved.
A poll of the vote was as follows: Mr. Lohmann , yea; Mr.
Milbert,yea; Dr. Slaton , yea; Mrs.Arimond, yea; and Mayor
Miller, yea. Motion carried unanimously.
• Item: 80-151-L. Dr. Slaton moved, and Mr. Milbert seconded the motion, that
565-571 the request by Mr. Lindee, Lindee' s Restaurant, for a Sunday
license, be approved. A poll of the vote was as follows : Mrs.
Arimond, yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. Lohmann,
yea; and Mayor Miller, yea. Motion carried unanimously.
Item: 80-152-R. Mr. Lohmann moved, and Dr. Slaton seconded the motion, that
571- Resolution No. 80-2881, "A RESOLUTION REQUESTING ACCELERATED
REVERSION OF CERTAIN STREETS TO CITY CONTROL" , (Washington &
Milwaukee) , be adopted.
Action: Mr. Lohmann moved, and Dr. Slaton seconded the motion, to
accept City Attorney Vesely' s advice to amend the original
motion by changing the wording in the body ofi.the Resolution
by adding the words "transfer and" reversion of ,Milwaukee Ave.
and "to the City of Hopkins" before the word effective as
soon as County Road traffic is redirected from said streets.
Action: Mr. Milbert moved to amend the motion by adding the following "keeping
in mind that it is absolute - that this expediting of the transfer of
. the road does not in any way cause any delay to the County Road 18
completion or cause any hardship to any property owners now being
serviced by the road or roads in question and that the traffic patt-
erns definitely be considered by the County as to what will happen
should these roads be given up or vacated" to the body of the Resolu-
tion as the last paragraph above the signatures. Mrs. Arimond seconded
the motion.
Action: The Mayor called for a poll of the vote of Councilman Milbert' s amend-
ment, which was as follows: Mr. Lohmann, nay; Mr. Milbert, yea; Dr.
Slaton, nay; Mrs. Arimond, yea; and Mayor Miller, nay. Motion defeated
Action: The Mayor then called for a poll of the vote on the Lohmann-Slaton
amendment, which was as follows : Mrs. Arimond, yea; Dr. Slaton, yea;
Mr. Milbert, nay, Mr. Lohmann, yea; and Mayor Miller, yea. Motion
carried.
Action: The Mayor then called for a poll of the vote on the main motion of
-741 the adoption of Resolution No. 80-2881, which was as follows: Mr.
Lohmann, yea; Mr. Milbert, nay; Dr. Slaton, yea; Mrs. Arimond, yea;
and Mayor Miller, yea. Motion carried.
Minutes of the October 7, 1980, Council meeting, cont. Page 4.
Item: 80-153-R. Dr. Slaton moved, and Mr. Lohmann seconded the motion, that
16741-750 Resolution No. 80-2882 , "RESOLUTION AUTHORIZING AMENDMENT TO
JOINT AND COOPERATIVE AGREEMENT" (Suburban Rate Authority) be
adopted. A poll of the vote was as follows : Mrs. Arimond,
yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. Lohmann, yea;
and Mayor Miller, yea. Motion carried unanimously.
Item: 80-154-Z. Mr. Milbert moved, and Mr. Lohmann seconded the motion, that
750-786 the recommendation from Zoning & Planning for Council' s
approval of a refund of $35. 00 fee for a variance to construct
a 6 ft. high privacy fence instead of the permitted 3 ' 6" , re-
quest being made by the applicant for this refund, be approved
A poll of the vote was as follows: Mr. Lohmann, yea; Mr.
Milbert, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor
Miller, nay. Motion carried.
Item: 80-155-Z, Dr. Slaton moved, and Mr. Lohmann seconded the motion, that
80-156-Z & the recommendation from Zoning & Planning for Council approval
80-157-Z. of a request by Centurion Co. , for a Conditional Use Permit
786-1386 to construct 42 dwelling units and 42 garage sites at Lake St.
& Tyler Ave. No. , Lots 10-15, Block, Stevens Oakwood Park, a
request for a subdivision platted as Lauburn So. Addition;
• and a variance to permit a 25 ft. front yard setback instead
of the required 35 ft. setback from Tyler Ave. & Van Buren
Ave. , and a 10 ft. setback from the future road instead of
13 ft. (Items: 80-156-Z; 80-157-Z) , be continued to the meet-
ing of October 21, 1980, and present information re: parking,
drainage, ponding, storage, greenways, playgrounds, length
of streets, snow storage, floor plan of the buildings and
topography of the hill. Also to have the Architect present
to answer any questions. A poll of the vote was as follows :
Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr.
Lohmann, yea; and Mayor Miller, yea. Motion carried unani-
mously.
Item: 80-158-Z . Mr. Lohmann moved, and Mrs. Arimond seconded the motion, that
1386-1503 Resolution No. 80-2884, "RESOLUTION APPROVING PLAT OF UNION
OIL SECOND ADDITION" , (property located at Highway #7 and
County Road #73) be adopted. A poll of the vote was as
follows : Mr. Lohmann, yea; Mr. Milbert, nay; Dr. Slaton, yea;
Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried un-
animously.
Item: 80-159-Z . Mrs. Arimond moved, and Mr. Lohmann seconded the motion, that
1503-to end of the recommendation from Zoning & Planning for Council approval
tape of an application by Midas Muffler for a variance to permit a
Reel 165 sign to be located 10 ft. from the curb line instead of 20 ft.
Side 2 from the lot line as required in the B-3 General Business
1-45 Dist. , for all property abutting a county road, said sign
not to exceed 32x7 in size and be no more than 51/2 ft. high
from the ground at the top and placed 15 ft. from the curb
line to the inside edge of the sign within applicants property
be denied ' because it does not meet the specifications of our
sign ordinance. A poll of the vote was as follows: Mrs.
Arimond, yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. Lohmann,
yea; and Mayor Miller, yea. Motion carried unanimously.
Item: 80-160-Z . Mr. Lohmann moved, and Mr. Milbert seconded the motion, that
45-99 the application by Kunz Oil Co. , for a variance to permit a sign
to be located 17 ft. from the lot line instead of 20 ft. from
the lot line as required in the B-3 General Business Dist. , for
all property abutting on a County road, due to the hazardous
location of the pole on the property, be approved as recommended
by Zoning & Planning. A poll of the vote was as follows: Mr.
Lohmann, yea; Mr. Milbert, yea; Dr. Slaton, nay; Mrs. Arimond,
nay; and Mayor Miller, yea. Motion carried.
Item: 80-161-Z . and Item: 80-162-Z .
99-245 Mr. Lohmann moved, and Mrs. Arimond seconded the motion, that
Minutes of the October 7, 1980, Council meeting, cont. Page 5.
Item: 80-161 & 162-Z . , cont.
Ili/ the application by Super Valu Stores, Inc. , for a Conditional Use
Permit to construct a grocery warehouse on Monroe Ave. So. , sub-
ject to Super Valu discussing aesthetics of boundary with the
neighbors to reach accord, as recommended by Zoning & Planning,
be continued to the October 21, 1980, Council meeting. Also,
the application by Super Valu Stores, Inc. , for a variance in
the I-2 zone from the required 40 ft. setback abutting a R-1-A
zone to 0 setback, to construct a grocery warehouse, subject to
staff memo, as recommended by Zoning & Planning, be continued to
the October 21, 1980, Council meeting. A poll of the vote was
as follows: Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Milbert,
yea; Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried un-
animously.
Item: 80-163-Z . Mr. Lohmann moved, and Dr. Slaton seconded the motion, that
245-292 the recommendation by Zoning & Planning for Council approval
of an application by Steiner & Koppelman for a variance to
permit signs to be located in the front yard setback in front
of buildings ' D' , 'E' , and ' G' , instead of 20 ft. from the lot
line as required in the I-2 Industrial Dist. , for indentifi-
cation purposes only, be continued to the November 4, 1980,
III Council meeting. A poll of the vote was as follows: Mr.
Lohmann, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Arimond,
yea; and Mayor Miller, nay. Motion carried.
Item: 80-164-R. Dr. Slaton moved, and Mr. Lohmann seconded the motion, that
292- the request for authorization for additional premium parking,
be approved. A poll of the vote was as follows: Mrs. Arimond
nay; Dr. Slaton, yea; Mr. Milbert, nay; Mr. Lohmann, nay; and
Mayor Miller, yea. Motion defeated.
Action: Mr. Milbert moved, and Mrs. Arimond seconded the motion, to deny the
request for additional premium parking. A poll of the vote was as
follows: Mr. Lohmann, yea; Mr. Milbert, yea; Dr. Slaton, nay; Mrs.
Arimond, yea; and Mayor Miller, nay. Motion carried.
Item: 80-165-C. Dr. Slaton moved, and Mrs. Arimond seconded the motion, that
-482 the consideration of a possible noise control ordinance be
referred to the City Attorney and staff for a feasibility study
A poll of the vote was as follows: Mrs. Arimond, yea; Dr.
Slaton, yea; Mr. Milbert, yea; Mr. Lohmann, yea;and Mayor
Miller, yea. Motion carried unanimously.
• Action: Mr. Milbert moved, and Dr. Slaton seconded the motion,that the
482-546 meeting be adjourned. Motion carried.
at- e '' 'A ' r-,.... , , ,,,,_.„
orothy M. ohnson, Secretary to Council
COUN'. EMBERS:
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Don ld/J. Mill , Mayor Pro Tem
Jevt X. Miller, Mayor
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